Does a Will protect my child’s inheritance?

When you leave your wealth to another person on your death, you have no assurance that this person will abide by your wishes for how you would want them to distribute that wealth on their later death.

This can occur in any scenario, but a common example occurs where you leave all of your estate to your spouse, who has made a similar Will to yours, and which leaves everything to your mutual children when the survivor of you passes away. However, after your death, your spouse is free to change their Will and may well do so if they re-partner.

Securing future legacies by Agreement

As a parent, you want to see your wealth pass ultimately to your children when your spouse subsequently dies. We can discuss with you, either alone or together, the options you have to provide greater protection for your long-term inheritance to your ultimate beneficiaries. There are a number of strategies available to you. One option is to enter into an Inheritance Agreement with your spouse. This is sometimes known as making joint Wills, binding Wills, mutual Wills or a contract to make mutual Wills. This agreement needs to be made at the time of making your Wills. You can use a combination of strategies to achieve your purpose, too.

Seek professional advice

These strategies can be very effective in ensuring your legacy passes in accordance with your wishes. Care needs to be taken when drafting an inheritance agreement to consider all of the likely future scenarios and to ensure that it contains the right provisions to suit your situation.

These agreements involve complex legal principles and must be drafted by an estate planning lawyer. At our first consultation, we will go through the various options and the pros and cons of preparing an inheritance agreement, and provide you with our recommendations, along with a fixed fee quote.

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